Atta Ul-Haq, a practising Barelvi Muslim, has decided to take Walsall Council to the High Court after its officials kept denying his request to build a four inch marble edging around his father's grave in Streetly Cemetery, West Midlands.
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He wants to prevent people from walking on the grave, something which he deems "deeply offensive" and prohibited by his religion.
Ul-Haq, in turn, said that the cemetery's policy violated his human right to exercise his religion under Article 9 of the European Convention on Human Rights.
Two judges began examining the case at the High Court in London on 4 December, and the hearing is due to end on 5 December.
Lawyers for Ul-Haq suggested that the dispute could have implications for the Islamic community.
"Mr Ul-Haq seeks a judicial review of the (council's) 'rules and regulations in respect of cemeteries and crematorium', by which it has and continues to refuse to permit him to erect a raised marble edging around his father's grave. The request is borne out of a fundamental religious belief that the grave is sacrosanct and stepping on the grave is a deeply offensive religiously prohibited act".
The Council's lawyers, in turn, believe the judges should throw the claim out, and say that the Council's approach has been "careful, sensitive, and accommodating".
